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Contracts

What's Been Written binds the writer

With the ever changing economy and the inherent instinct of survival in today world, it is increasingly important to know exactly what you are getting yourself into, whether it is a traditional construction or a design – build contract, the-off-the plan sale or or master lease agreement.

CNC Maintains Its leading market position

CNC is the leading legal services provider to know-how and market standard agreements for clients that work under Vietnamese laws and our up-to-date guidance allows clients to manage risks.

At CNC we have a specialist contracts team who gain an extensive experience in a wide variety of contractual services, ranging from contract drafting, contract review, contract management to supply of contract forms and template.

Getting started?

If you don’t have reliable resources to manage and monitor your contracts, simply reach us at contact@cnccounsel.com or at (+84-28) 6276 9900. We have a flexible solution to our clients’ need.

Areas of Expertise

Normally the party with the most leverage or with the most to lose from an inadequate drafted contract will do the drafting, but you should push to do the drafting yourself as the party who does the drafting can ensure that the issues he wants to be addressed are not only covered, but covered in the manner that best serves his purpose.

He also can control the pace of the transaction.

This service can be used for any contract, whether prepared by a third party or your own contract to which a third party has suggested changes.

Depending on your circumstances, you can choose between a full contract review or a shorter, ‘need to know’ review. Our full contract review gives you a clause by clause explanation of the contract. It is a detailed report to give you a full understanding of the contract you are considering. Alternatively, our ‘need to know’ review covers the points we think you should consider before you enter into the contract. It includes comments on what is in the document as well as highlighting important points that are missing.

It is commonly noticed that contract management is still new to most clients as clients do not have experts to manage the contract performance and therefore can not operate/enforce contract terms properly. In many cases, it can also lead clients to a material breach of contract.

We pay serious attention to contract management as it ensures the compliance of the contract performance, enables us the earliest possible chance to recognise potential risks, and best mitigate any contract disputes that may arise during the entire contact life.

We design the Contracts & Legal Business Forms, a new online services that provides trustworthy insight from local experts.

We aim at offering well-organized, editable, printable contracts, forms and templates in legal, business, finance and tax to help make our clients business easier. Our contracts, forms and templates have been developed by professionals to meet professional demands.

Common Business Contracts

At CNC we have extensive experience in preparing and advising on all forms of commercial agreements. Below are some of our regular types of contract services exclusively for real estate and construction sectors that help define our leading market position.

Consultancy Services Agreement

Business Model Consultancy Services Agreement

Design Consultancy Services Agreement

Project Management Agreement

Project Supervision Agreement

The off-the-plan-sales contract

FIDIC Contracts

Letter of Intent

Letter of Acceptance

Contract/Subcontract Agreement

Appendix to Conditions of Contract/Subcontract

Particular Conditions of Contract/Subcontract

Construction Contracts

Joint Venture Agreement/Consortium Agreement

Contract in Principal

Construction Contract

Business Cooperation Contract

Hotel Management Agreement

Australian Standard Contract

General Conditions of Contract (AS2124 - 1992)

General Conditions of Tendering and Form of Tender (AS2125 - 1992)

Form of Formal Instrument of Agreement (AS2127 - 1992)

Amendment Form AS2124 - 1992

Selected Deals

Over the years, CNC has been honoring to get involved in a number of significant contracts, including:

a subcontract between a local leading construction contractor with an international contractor, Bouige Baitement International for a building of one of the highest building in town.

a contract undertaken by an innovative construction contractor for the first 5-star Grand Hotel project, located in District 1, Ho Chi Minh City overlooking the Saigon River, with a contract value of over USD $ 30million, including the management of a large numbers of subcontractors e.g. Commin Asia and Commin Vietnam Consortium, Lecade, KNI, Sinh Nam, KONE in late 2012 until late 2014.

a contract undertaken by a leading construction contractor for a contract of A2 project - Phase 1 of the Celadon City complex, Tan Ky, Tan Quy, Ho Chi Minh City, with a contract value of over USD 35 million. Managed a large numbers of subcontractors including Jesco Hoa Binh J.S.C, Schindler Vietnam, CNA-HTE Vietnam in 2013.

a contract for renovation project of Trang Tien Plaza, with an investment of over VND400 billion, and strict requirements of engineering, architecture and tight schedule. Managing and coordinating large numbers of nominated subcontractors in M&E, elevators, generator installation, natural stone tiling for indoor and outdoor, and boards and signs for buildings.

a contract for Esquel garment factory project, with a contract value of nearly VND200 billion in Hoa Binh Industrial Zone, Hoa Binh province including construction of roads , fences, electrical engineering and steel structure during tight schedule.

a contract for management and development of Germs project located in the heart of the ancient capital Yangon, Myanmar, including 10 apartment blocks, 3 blocks for the first stage with the investment for structure of over USD 45 million invested by Capital Diamond Star Group Ltd., (CDSG)

a contract to build a new dormitory and hotel under Formosa Ha Tinh project invested by Formosa Ha Tinh Steel JSC., with a contract value of over VND 1 trillion. Managing and coordinating large numbers of subcontractors in M&E packages, finishing packages, facade packages.

a contract for the Navy Office and Commercial Center project, located at 15 Le Thanh Ton Street, Ben Nghe Ward, District 1, Ho Chi Minh City with the accepted contract amount of VND250 billion. Managing and coordinating large numbers of subcontractors in basement packages (shoring, piling, soil excavating and moving, steel drilling and implanting, well drilling for ground water lowering, bracing) superstructure, and finishing packages.

A contract for a series of Dong Phuong Wedding Brand, including Dong Phuong Wedding Building in district 5, Dong Phuong Bountique Center in district 7 with an estimated contract value of VND 400 billion. This series of projects belonging to the restaurant chain of Thang Long Corporation who accounts for nearly 50 % market share of restaurant and wedding service in Ho Chi Minh City.

A contract for the facade package of the tallest building in Vietnam. The estimated accepted contract amount is of USD 35 million between a joint ventrue (a leading facade contractor with a Korean contractor) and Tan Lien Phat, a member of the most recognised developer, VinGroup.

a contract for Vietinbank Head Office (Viettinbank Tower), with the estimated contract value of USD150 million. The contract is for construction of a 300,000 square meter mixed-use development consisting of 68- and 48-story towers joined by a seven-level podium. The 68-story office tower, standing at 362 meters tall, will serve as the headquarters of the Vietnam Joint Stock Commercial Bank for Industry and Trade (VietinBank). The second tower will house a five-star hotel, serviced apartments and spa. The podium will include conference facilities, retail, restaurants and cafés, and rooftop gardens.